Hi, I have applied divorce in Texas, USA last month as my wife cheated on me multiple times within one year (Our marriage held in India Feb 2022). Currently am on temporary work visa working in Texas, USA. I have applied divorce on adulatory and mental cruelty ground as she did and i have evidence for those incidents. My spouse got served notice through Texas court and she left India immediately in two days after she received notice. As per Texas family law, i will get divorce here but does it valid in India too. If it is not valid in India, what shall i do before she takes any false action on me. Please advice.
Divorce granted on grounds of mental cruelty and adultery would be valid in india
2) you have to lead evidence of adultery and mental cruelty
3) your wife lover has to be made party to divorce proceedings as co respondent
4) in event wife files false case of dowry harassment in india poly for anticipatory bail from sessions court
The exparte divorce that may be granted in USA is not valid in India for the marriage that was solemnised in India as per Indian laws.
If she files any false case in India, you have to challenge the same on the basis of documentary evidences in your possession and support.
You cannot prevent her from filing any false case against you
Hello Sir,
The divorce decree passed by the US court is valid one in India, if it is comply the conditions such as :
( I) The relief sought before the US Court shall be on the grounds available in the matrimonial law under which the parties are married;
(ii) The respondent shall voluntarily and effectively submits to the jurisdiction of the US Court and contested proceedings.
(ii) The divorce decree shall be on the merits of the case.
The divorce petition on the grounds of mental cruelty and adultery are available in Hindu Marriages Act. Therefore, the decree of US Court is valid in India, if your wife contest the divorce petition filed by you.
In case, if your wife is not contest the case and if you get an exparte decree, the same is not valid in India. Because, in future, your wife may file a petition in India claiming that she had not availed proper opportunity to contest the case filed you in US Court. The exparte decree is not a valid decree and cannot be executable in India.
Therefore, if your wife is returned to India and staying in India then it is better to you to approach the Jurisdictional Court in India to file the divorce case to avoid executable difficulties.
Hope, i have cleared your doubts. If your need any further clarification, do not hesitate to contact me. Thanks.
Only Mutual Consent Divorce performed in foreign countries are valid in India. You have to still apply for divorce in the India.
1. Since USA is not recognised as one of the Reciprocating countries by Indian Government, contested divorce decree obtained from USA will not be recognised in India.
2. You have to apply afresh for divorce on the grounds of adultery in the jurisdictional Indian Court.
3. Collect all demonstrable evidence of her adulterous behaviour to obtain divorce decree from the Indian Court.
- As per law, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- Further, if the matter is contested between parties in US Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
- If,the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by US Court will not be applicable in India.
- Further, Ex-parte decree of Divorce granted by US Court will also not be recognized by Indian Court.
- Hence, if that court pass decree of divorce in her absence then that will not valid in India.
- You can file a contested divorce petition on the same ground in India after giving POA to any relative.
Dear client, Divorce obtained in Texas, USA would be recognized in India if the grounds for divorce are valid under Indian law and the procedures followed in Texas comply with the requirements of due process of law. However, it is advisable to consult a local family law attorney in India to determine the validity of the Texas divorce in India and to address any potential issues or concerns related to the divorce proceedings. The attorney can also advise on any legal action that may need to be taken to protect your rights in India.
Dear Sir,
If wife appears personally or through her advocate in USA court then only divorce is valid in india. In other words, exparte divorce decrees passed by USA courts are not valid in India and u have to file divorce case in India.
If it is an ex parte divorce (if your wife may not contest it), it will not be recognised in India. It is advisable to withdraw the case from the Texas court and initiate divorce proceedings in India.
No you need to validate that divorce in India
